[Federal Register Volume 76, Number 65 (Tuesday, April 5, 2011)]
[Rules and Regulations]
[Pages 18653-18661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8052]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 101029546-1208-02]
RIN 0648-BA39
Atlantic Highly Migratory Species; Bluefin Tuna Bycatch Reduction
in the Gulf of Mexico Pelagic Longline Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: Under this final rule, NMFS requires the use of ``weak hooks''
in the Gulf of Mexico (GOM) pelagic longline (PLL) fishery. A weak hook
is a circle hook that meets NMFS' current size and offset restrictions
for the GOM PLL fishery, but is constructed of round wire stock that is
thinner-gauge than the circle hooks currently used and is no larger
than 3.65 mm in diameter. Weak hooks can allow incidentally hooked
bluefin tuna (BFT) to escape capture because the hooks are more likely
to straighten when a large fish is hooked. Requiring weak hooks in the
GOM will reduce bycatch of BFT; allow the long-term beneficial socio-
economic benefits of normal operation of directed fisheries in the GOM
with minimal short-term negative socio-economic impacts; and have both
short- and long-term beneficial impacts on the stock status of Atlantic
BFT, an overfished species. This action affects commercial fishermen
using PLL gear to fish for Atlantic Highly Migratory Species (HMS) in
the GOM.
DATES: This final action will become effective on May 5, 2011.
ADDRESSES: Highly Migratory Species Management Division, 1315 East-West
Highway, Silver Spring, MD 20910. Copies of the supporting documents--
including the Environmental Assessment (EA), Regulatory Impact Review
(RIR), Final Regulatory Flexibility Analysis (FRFA), small entity
compliance guide, and the 2006 Consolidated Atlantic Highly Migratory
Species (HMS) Fishery Management Plan (FMP)--are available from the HMS
Web site at http://www.nmfs.noaa.gov/sfa/hms/.
FOR FURTHER INFORMATION CONTACT: Dianne Stephan at 978-281-9260 or
Randy Blankinship at 727-824-5399.
SUPPLEMENTARY INFORMATION: Atlantic tunas are managed under the dual
authority of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act) and the Atlantic Tunas Conventions Act
(ATCA), which authorizes the Secretary of Commerce (Secretary) to
promulgate regulations as may be necessary and appropriate to implement
recommendations of the International Commission for the Conservation of
Atlantic Tunas (ICCAT). The authority to issue regulations under the
Magnuson-Stevens Act and ATCA has been delegated from the Secretary to
the Assistant Administrator for Fisheries, NOAA (AA). On May 28, 1999,
NMFS published in the Federal Register (64 FR 29090) final regulations,
effective July 1, 1999, implementing the Fishery Management Plan for
Atlantic Tunas, Swordfish, and Sharks (1999 FMP). On October 2, 2006,
NMFS published in the Federal Register (71 FR 58058) final regulations,
effective November 1, 2006, implementing the 2006 Consolidated Atlantic
Highly Migratory Species (HMS) Fishery Management Plan (FMP), which
details the management measures for Atlantic HMS fisheries, including
the PLL fishery. The implementing regulations for Atlantic HMS are at
50 CFR part 635.
Background
On January 13, 2011, NMFS published a proposed rule (76 FR 2313) to
require the use of ``weak hooks'' by PLL vessels fishing in the GOM. A
weak hook is a circle hook that meets NMFS' current size and offset
restrictions but is constructed of round wire stock that is thinner-
gauge and is no larger than 3.65 mm in diameter than the circle hooks
currently used in the PLL fishery. This final rule finalizes the
provisions proposed in the January 13, 2011, rule. The purpose of this
action is to reduce PLL catch of Atlantic BFT in the GOM, which is the
only known BFT spawning area for the western Atlantic stock of BFT, as
early in the 2011 BFT spawning season as possible. Bluefin tuna
spawning season begins in early April each year. This action is
consistent with the advice of the ICCAT Standing Committee for Research
and Statistics (SCRS) that ICCAT may wish to protect the strong 2003
year class until it reaches maturity and can contribute to spawning.
The purpose is also to allow directed fishing for other species to
continue within allocated BFT subquota limits. This measure is
consistent with the 2006 Consolidated HMS FMP and ICCAT Recommendation
10-03 (supplemental recommendation by ICCAT concerning the western BFT
rebuilding program).
Since 2007, NMFS has conducted research on weak hooks used on PLL
vessels operating in the GOM to determine if their use can reduce the
incidental catch of large BFT during directed PLL fishing for other
species. Research data show that the use of a weak hook can
significantly reduce the amount of BFT caught incidentally by PLL
vessels in the GOM. Weak hooks can allow incidentally hooked BFT to
escape capture because the hooks are more likely to straighten when a
large fish is hooked, thus releasing the fish.
Due in part to this research, this action finalizes the requirement
to use weak hooks in the Atlantic HMS PLL fishery in the GOM. This
action will be effective on May 5, 2011 to ensure implementation
happens as early in the 2011 BFT spawning season as possible.
Implementation of weak hooks in the GOM PLL fishery during spring 2011
is important because the strong 2003 year class is beginning to enter
adulthood, and it is likely that some of them will begin to spawn in
the GOM this spring. Also, reducing the incidental BFT catch in the GOM
may enable the PLL fishery to continue to participate in directed
fisheries (e.g., yellowfin tuna (YFT) and swordfish) year-round with
less risk of fishery interruption due to insufficient BFT subquota
availability in the Longline Category.
NMFS considered three alternatives regarding the GOM PLL fishery.
Alternative one would maintain the status quo, thus continuing existing
regulations in the GOM PLL fishery. Alternative two would require all
PLL vessels fishing in the GOM to use weak hooks. Alternative three
would implement additional time/area closures in the GOM to protect
spawning BFT. The proposed rule contained details regarding the
alternatives considered and a brief summary of the recent management
history. Those details are not repeated here.
[[Page 18654]]
Response to Comments
During the proposed rule stage, NMFS received more than 57,000
written comments from non-governmental organizations, fishermen,
dealers, and other interested parties on the proposed rule. Mass public
comment campaigns contributed to the high number of comments received.
NMFS also heard numerous comments from constituents who attended the
three public hearings and an operator-assisted Atlantic HMS Advisory
Panel conference call, which was open to the public. A summary of the
comments received on the proposed rule during the public comment period
is provided below with NMFS' response. All written comments submitted
during the comment period can be found at http://www.regulations.gov/
by searching for RIN 0648-BA39.
Weak Hook Comments
Comment 1: NMFS should implement weak hooks in the GOM PLL fishery
year-round prior to the 2011 western Atlantic BFT spawning season.
Response: NMFS agrees with the intent of this comment for reasons
described in the preferred alternative in the proposed and final rules
and EA, which include: Protecting the 2003 BFT year class as
recommended by the ICCAT SCRS; reducing the impact of the GOM PLL fleet
on western BFT; reducing BFT catches in the GOM PLL fishery;
maintaining, or possibly improving with experience using the weak hook,
catches of YFT; reducing the likelihood of PLL fishery interruption or
indirect impacts to directed BFT fisheries due to the Longline Category
exceeding its BFT subquota; and improving fishing efficiency and catch
by reducing the amount of fishing time lost to BFT and large shark
entanglements.
Comment 2: NMFS should not implement weak hooks because they are
unproven in effectively reducing BFT mortality. Although BFT catch
appears to be reduced, there is no unequivocal evidence that BFT
released from a bent hook survive.
Response: NMFS disagrees that weak hooks should not be implemented
in the GOM PLL fishery. Research has shown that the use of weak hooks
can reduce the incidental catch of BFT by 56.5 percent. Although
limited information exists about the effects of weak hooks on BFT post-
release mortality, post-release mortality is expected to be reduced
because BFT likely straighten the weak hooks relatively quickly after
being caught and likely do not incur as high a level of metabolic
stress as when the fish stay on the hook until being retrieved upon
haul-back of the gear. Due to the fact that BFT have the highest level
of energy available at the moment when the fish becomes hooked, NMFS
believes that escapement occurs soon after the fish is hooked. NMFS
intends to conduct additional research with weak hooks using hook
timers to determine the length of time that fish remain on the hook.
This information will aid in further understanding more precisely the
effects of weak hook use on BFT post-release mortality.
Comment 3: NMFS should implement weak hooks in the GOM PLL fishery
seasonally when BFT are present. Seasonal application of the weak hook
requirement would allow fishermen to use currently required standard
circle hooks when BFT are not present in the GOM to mitigate potential
economic impacts due to reductions in YFT and swordfish catch that
might occur with year-round use of weak hooks.
Response: NMFS disagrees that the weak hook requirements should be
implemented seasonally. BFT are also present in the GOM outside of the
spawning season, although in lower numbers, and use of weak hooks year-
round will ensure that protection is provided for these BFT.
Research data showed a higher catch rate of YFT with the
experimental hook in the late summer months of July, August, and
September when compared to the spring and early summer months of March,
April, May, and June. Because the experiment focused on collecting data
during the BFT spawning season, the majority of data was collected
during March-June. Although it is unknown why YFT catch rates were
higher in the late summer months after BFT spawning season, if more
data had been collected after the BFT spawning period, NMFS believes it
likely that the YFT reduction rate would have been less than what was
observed (i.e., the amount of YFT caught with the weak hook may not
have decreased as much as the overall study showed). Thus the potential
economic impact due to decreases in YFT catch may actually be less than
described in the proposed rule.
Seasonal application of the weak hook requirement would increase
the difficulty of enforcing the rule's requirement for vessels in the
GOM with PLL gear on board to possess, use, and deploy only weak hooks.
This is because vessels on trips spanning the beginning or end of the
period of time during which weak hooks are required might not have
removed all of the hooks with wire greater than 3.65 mm in diameter
from their vessels, thus possessing both hooks on board. Requiring weak
hooks year-round reduces such enforcement concerns because no other
type of circle hook would be allowed on vessels fishing with PLL gear
in the GOM. There would also be some negative economic impacts to
fishermen if standard hooks are allowed to be used outside of BFT
spawning season due to higher costs and lost fishing time due to re-
rigging of fishing gear.
Comment 4: Implementing weak hooks in the GOM PLL fishery will have
negative economic impacts, including the potential for significant loss
of catch and revenue by some vessels. This loss in revenue may make it
more difficult for some vessels to maintain the hire of captains and
crew members who may be able to find more lucrative employment
elsewhere. Negative economic impacts also include the initial cost of
outfitting GOM PLL vessels with weak hooks and an increased replacement
rate of weak hooks due to the ease with which the hooks bend. NMFS
should provide reimbursement to fishermen for the cost of initially
outfitting their vessels with weak hooks.
Response: As described in the EA, NMFS anticipates negative
economic impacts to occur in the short-term for PLL vessels fishing in
the GOM. These negative economic impacts include a potential reduction
of vessel gross revenue of approximately 14.8 percent, a minor increase
in the cost of weak hooks compared to the currently required standard
circle hook, and a slight increase in gear cost due to an increased
replacement rate of weak hooks compared to the standard circle hook.
As described in the response to comment 3 above, research data
showed a higher catch rate of YFT with the experimental hook in the
late summer months of July, August, and September when compared to the
spring and early summer months of March, April, May, and June. Because
the experiment focused on collecting data during the BFT spawning
season, the majority of data was collected during March-June. If more
data had been collected after the BFT spawning period, NMFS believes it
likely that the YFT catch reduction rate would have been less than what
was observed and the potential economic impact due to decreases in YFT
catch could be less than described in the proposed rule. NMFS gear
researchers have found that fishermen participating in research tend to
work through a learning curve with new technology and generally improve
their performance with a particular gear over time. A voucher program
to assist fishermen in the GOM with the purchase of an initial
[[Page 18655]]
supply of weak hooks is being sponsored by the National Fish and
Wildlife Foundation (please see ``Weak Hook Voucher Program'' below for
more details). Compared to the no action alternative, the preferred
alternative reduces the incidental BFT catch in the GOM and may enable
the PLL fishery to continue to participate in directed fisheries (e.g.,
YFT and swordfish) year-round with less risk of fishery interruption
due to insufficient BFT subquota availability in the Longline Category.
Comment 5: Gulf of Mexico PLL fishermen need a reasonable amount of
time to comply with the new weak hook requirement prior to active
enforcement of the new requirement, and NMFS should ensure that there
is a sufficient supply of weak hooks available for the GOM PLL fleet in
advance of the effective date.
Response: NMFS agrees and intends to provide 30 days after
publication of the final rule for fishermen to prepare for and comply
with the weak hook requirement. NMFS has begun to investigate
manufacturer and distributor inventories of weak hooks and believes
that enough weak hooks are currently available to initially outfit PLL
vessels in the GOM with weak hooks. NMFS cannot delay implementation
for longer than 30 days because, as described above, it is important to
have these regulations in place as early in the 2011 BFT spawning
season as possible to provide additional protections for the strong
2003 year class as it enters adulthood and begins to contribute to
spawning in the GOM this spring.
Comment 6: NMFS should seek methods to respond to the ICCAT SCRS
call for special efforts to reduce mortality on the 2003 BFT year class
in other domestic and international fisheries that target or interact
with BFT.
Response: The 2010 SCRS report noted that ICCAT ``may wish to
protect the 2003 year class until it reaches maturity and can
contribute to spawning,'' and that maintaining catch at 1,800 mt may
offer some protection. ICCAT Recommendation 10-03 reduced the total
allowable catch (TAC) to 1,750 mt for 2011 and 2012, which may offer
further protection for the 2003 year class. Implementation of weak
hooks in the GOM PLL fishery is expected to reduce the catch of BFT and
reduce mortality of spawning-age BFT, including the 2003 year class.
This action will promote survival of BFT in the GOM, and thus will
improve western BFT stock health.
Comment 7: NMFS should conduct education and outreach programs for
the entire GOM PLL fleet, including reaching Vietnamese fishermen, to
help fishermen understand the benefits and costs of weak hook use and
fishery management priorities for the future of the fishery. This
effort should include fishing techniques learned through the weak hook
research to reduce BFT catch and maintain or improve directed catch.
Response: NMFS agrees and intends to conduct outreach and education
workshops around the GOM to help fishermen learn the benefits of and
techniques for fishing with weak hooks.
Comment 8: NMFS should continue to conduct and expand research on
weak hook technology in the GOM PLL fishery. NMFS should conduct
additional research on the length of time that BFT remain hooked on
weak hooks in order to determine if the mortality rate of BFT is
actually reduced. There is currently little data to indicate if BFT
that escape from weak hooks survive. Additional research should
investigate reducing white marlin and roundscale spearfish bycatch,
determining the effect of weak hooks on sea turtle interactions,
further reducing BFT bycatch, improving directed species catch, and
determining the efficacy of 18/0 hooks made with thinner wire for
further BFT bycatch reduction and improved swordfish retention. NMFS
should create a sunset provision of 3 years for the weak hook
requirement to allow sufficient time for additional research and ensure
a thorough review by the agency to determine if the requirement should
be continued, revised, or allowed to expire.
Response: NMFS intends to continue research on the effects of the
use of weak hooks when compared to the currently required standard
circle hook. Among other things, this research will help to better
understand the effect of weak hooks on white marlin and roundscale
spearfish catches and sea turtle interactions. NMFS intends to conduct
research with weak hooks using hook timers to determine the length of
time that fish remain on the hook. This information will aid in
understanding the effects of weak hook use on BFT post-release
mortality. NMFS will continue to collect information on BFT, white
marlin, roundscale spearfish, sea turtles and other species caught on
PLL gear through the NMFS pelagic observer program that will help to
better understand the effects of weak hook implementation.
During experimental PLL fishery data collection conducted in the
Northeast Distant gear restricted area and GOM in 2004, NMFS collected
data with the currently required standard circle hooks that showed
reduced catches of swordfish and YFT with 18/0 circle hooks compared to
16/0 circle hooks on both squid and sardine baits. The evaluation did
not include BFT. While these results do not directly answer the public
comment about how 18/0 circle hooks constructed of thinner wire might
perform for reducing BFT catch, they provide some insight to show that
currently required standard 18/0 hooks may reduce swordfish retention.
NMFS disagrees that a sunset provision should be implemented for
this final action because such a provision would guarantee that NMFS
must take action to continue the weak hook requirement. Instead, NMFS
may conduct subsequent rulemaking, if necessary, in the future to
address the need for modified or additional management measures.
Comment 9: The weak hook research indicates that the number of
swordfish retained by GOM PLL vessels may decrease. If this occurs,
fishermen may increase their fishing effort to make up for lost
revenue, which may result in increased bycatch of undersized swordfish
and other bycatch species.
Response: NMFS agrees that the possibility exists for PLL fishing
effort in the GOM to increase if fishermen attempt to make up for lost
revenue due to reductions in targeted catch. NMFS will continue to
monitor fishing effort and catch in the GOM PLL fleet through logbooks,
dealer reports, and the pelagic observer program in order to determine
potential effects on target and non-target species. Bycatch mitigation
measures such as closed areas (DeSoto Canyon), use of circle hooks,
possession and use of protected species safe handling and release
gears, and limits on sea turtle interactions required in the 2004
Biological Opinion (BiOp) will remain in effect. However, fishermen may
not experience reductions in targeted catch or reduced revenue. Some
fishermen that participated in the weak hook research experienced
increased targeted catch and are voluntarily using weak hooks year-
round. As other fishermen learn the fishing techniques that work well
with the weak hooks, those fishermen may not experience reductions in
targeted catch or revenue.
As described in the response to Comment 3 above, research data
showed a higher catch rate of YFT with the experimental hook in the
late summer months of July, August, and September when compared to the
spring and early summer months of March, April, May, and June. Because
the experiment focused on collecting data during the BFT spawning
season, the majority of data was collected during March-June. If more
data had been collected after the BFT spawning period, it is likely
that
[[Page 18656]]
the YFT reduction rate would have been less than what was observed,
thus the potential economic impact due to decreases in YFT catch may be
less than described in the proposed rule. If this occurs, the incentive
to increase fishing effort may not be realized.
Comment 10: Because the weak hooks are nearly identical to the
currently required standard circle hook, enforcement of the weak hook
requirement will be extremely difficult. Further, the potential
reduction in the catch of target species, such as swordfish retained
for sale, indicated by the weak hook research, could make it less
likely that fishermen will comply with the weak hook requirement.
Response: NMFS intends to fully enforce the weak hook requirement.
A gauge has been developed for use by NMFS enforcement agents and
officers, U.S. Coast Guard personnel, and state joint enforcement
partners to quickly and definitively measure the diameter of the hook
wire. This gauge was used by observers during the weak hook study and
is proven to be a quick and effective tool for distinguishing the
difference between weak hooks and hooks made of larger diameter wire.
Comment 11: Pelagic longline gear is responsible for almost 70
percent of the mortality of white marlin and the weak hook research
indicates that white marlin/roundscale spearfish catches may increase
by 52.7 percent with weak hooks. This increase in catch is concerning
given the poor health of white marlin and the fact that white marlin
has been the subject of two status reviews under the Endangered Species
Act (ESA).
Response: The NMFS weak hook research results showed that the
increase in catch of white marlin and roundscale spearfish was not
statistically significant, although the difference was close to being
statistically significant. NMFS does not believe that this increase, if
it actually occurs, is likely to have population or ecosystem effects
for those species because the predicted increase of 144 white marlin
(or 1.05 mt in 2009 at 48 lb per fish) dead discards represents less
than 0.8 percent of the total amount of international white marlin
catch (which includes recreational landings and commercial dead
discards) in the North Atlantic (406 mt in 2009).
Due to misidentification of roundscale spearfish as white marlin,
the total international white marlin catch also includes some
roundscale spearfish and, as such, indicates that any potential
increase in roundscale spearfish that might occur in the GOM PLL
fishery as a result of this final action should be very small in
relation. In addition, NMFS already has comprehensive regulations in
place to conserve these species in its domestic fisheries. Under
current regulations, PLL vessels are not allowed to retain white
marlin/roundscale spearfish, and any that are captured must be released
alive or discarded if dead. Additionally, PLL vessels are currently
required to possess and use protected species safe handling and release
gears and techniques that aid in releasing hooked animals, including
white marlin, and maximize post-release survival without removing the
fish from the water. Most white marlin/roundscale spearfish that are
hooked are released alive.
NMFS would continue research with weak hook technology and closely
monitor white marlin and roundscale spearfish catch through observer
coverage in the fishery. Should the increased catches of white marlin
and roundscale spearfish continue, NMFS would investigate potential
mitigation measures that might be implemented if necessary to reduce
the catches and/or reduce the bycatch mortality associated with the
catches. The current research does not show a statistically significant
increase in bycatch; therefore, it is not clear that mitigation
measures would be appropriate at this time. Neither does the research
indicate which measures would be effective to address any potential
statistically significant white marlin and roundscale spearfish
increase in catch. If additional research shows a statistically
significant increase in such bycatch, possible measures could include
adopting a seasonal application of the weak hook, modification or
removal of the weak hook requirement or other measures as necessary and
appropriate. NMFS would closely monitor fleet activities and catch
statistics, and consider making management measures adjustments,
including use of inseason management authority, should the data
warrant.
Comment 12: While the weak hook study showed a reduction in YFT
catch of 7 percent, it also showed an increase in YFT catch in late
summer and fall months. If YFT catches actually increase overall as a
result of weak hook use, the increased fishing mortality may be
detrimental to the YFT population.
Response: As described in the response to Comment 3 above, research
data showed a higher catch rate of YFT with the experimental hook in
the late summer months of July, August, and September when compared to
the spring and early summer months of March, April, May, and June.
Because the experiment focused on collecting data during the BFT
spawning season, the majority of data was collected during March-June.
If more data had been collected after the BFT spawning period, it is
likely that the YFT reduction rate would have been less than what was
observed. This additional analysis does not, however, indicate that an
overall increase in YFT catch would occur. NMFS will continue to
collect information on YFT and other species caught on PLL gear through
the NMFS pelagic observer program that will help to better understand
the effects of weak hook implementation.
Yellowfin tuna are managed internationally by ICCAT, which has
adopted a limit on effective fishing effort, but not issued a TAC or
individual country quotas. According to the latest ICCAT SCRS YFT stock
assessment (2008), the YFT population is not considered to be
overfished and overfishing is not occurring. If the catch of YFT in the
GOM increases as a result of weak hook use, negative impacts on the YFT
population are expected to be minor when compared to the total western
Atlantic longline catch. The United States GOM longline catch is 7.7
percent of the total western Atlantic longline catch.
Comment 13: NMFS should reexamine whether it is appropriate to rely
on the Final Environmental Impact Statement (FEIS) for the 2006
Consolidated HMS FMP, or the 2004 BiOp for the PLL fishery when
supporting the FONSI because the implementation of the weak hook will
cause a change in fishing effort because of improved catchability of
white marlin and other species. The effects on endangered and
threatened marine species are not fully understood through the weak
hook research, which is cause for concern given the potential increase
in the number of hooks that might be set in the PLL fishery due to the
potential decrease of YFT and swordfish retained for sale. Also, an ESA
consultation may be required if weak hook use affects loggerhead sea
turtles and those loggerhead sea turtles are uplisted in the final rule
to list the Northwest Atlantic loggerhead sea turtle (final rule due
March 16, 2011). The analysis in the 2006 Consolidated HMS FMP should
be updated due to significant events such as Hurricane Katrina and the
DWH/BP oil spill, thus the baseline FEIS for the 2006 Consolidated HMS
FMP requires new analyses of the effects of the PLL fishery on listed
species.
Response: NMFS disagrees that a potential increase in the catch of
white marlin is an indication that fishing effort will increase with
implementation of weak hooks. White marlin and other
[[Page 18657]]
billfishes are not allowed to be retained on PLL vessels. NMFS does not
believe that an increase in bycatch that must be discarded will result
in an increase in fishing effort.
NMFS believes that the FEIS for the 2006 Consolidated HMS FMP and
the 2004 BiOp for the PLL fishery remain applicable and support this
final action. Despite recent significant events that have occurred in
the GOM, the 2006 Consolidated HMS FMP closure analysis still reflects
impacts that are likely to occur with the time/area closure
alternatives, particularly when considering redistribution of fishing
effort. When redistribution of effort was considered, all time/area
closures in the 2006 analysis resulted in an increase in bycatch for
some species, including BFT. This final action is not expected to
change fishing effort or behavior beyond that already analyzed in the
2001 HMS and 2004 PLL Biological Opinions (BiOps) regarding
interactions with endangered species. This action is not expected to
significantly alter current fishing practices or bycatch mortality
rates from the level analyzed in the Consolidated HMS FMP, and
therefore should not have adverse impacts on protected species, or have
any further impacts on endangered species, listed marine mammals, or
critical habitat beyond those considered in the 2001 and 2004 BiOps.
Comment 14: Comments were received in support of and opposition to
implementing weak hooks in Atlantic PLL fisheries outside the GOM.
Response: Research was conducted by the NMFS Southeast Fisheries
Science Center to evaluate the efficacy of 16/0 ``weak'' circle hooks
in reducing the bycatch of BFT in the GOM YFT fishery. The weak hook
research has shown that the catch of adult-sized BFT in the GOM PLL
fleet can be reduced by 56.5 percent with the use of weak hooks. The
difference in BFT catch between the standard 16/00 circle hooks and the
experimental weak hooks was statistically significant. The size of BFT
in the GOM, the only known spawning area for the western stock, is
larger than the size distribution of BFT in the Atlantic outside of the
GOM. The benefits of weak hook use with PLL gear outside the GOM may
not be the same as in the GOM PLL fishery given the differences in the
catch composition and the way fishermen fish PLL gear in strong
currents such as the Gulf Stream. While research on the use of weak
hooks along the Atlantic coast has begun in order to look at reducing
the bycatch of marine mammals, further research is needed to determine
the applicability of weak hooks outside of the GOM and any impacts on
BFT, target catch, marine mammals, sea turtles, and other incidentally
caught species.
Gulf of Mexico Time/Area Closure Comment
Comment 15: NMFS should prohibit PLL gear in the GOM (Alternative
3) because of indiscriminate bycatch (particularly the bycatch of BFT,
billfishes, leatherback sea turtles, and loggerhead sea turtles) or
should implement a seasonal closure for longline use during BFT
spawning.
Response: Considering redistribution of fishing effort is important
because HMS and protected species are not uniformly distributed
throughout the ocean and tend to occur in higher concentrations in
certain areas. Therefore, a closure in one area might reduce the
bycatch of one or two species, but may increase bycatch of others. NMFS
considered a number of redistribution of effort scenarios (i.e.,
redistribution of effort into all remaining open areas, redistribution
of effort into the GOM only, and redistribution of effort in the GOM).
In all cases, NMFS found the closures in the GOM could result in an
increase in bycatch for some of the species being considered. No one
closure in these analyses would have resulted in a decrease in discards
or bycatch of all the species considered when the redistribution of
fishing effort was considered. When the redistribution of effort was
considered, the purpose of a GOM closure (reducing bycatch and discards
of spawning BFT) may not be fully realized and may have effects on BFT
outside the closed area. For instance, after examining a potential
closure in the GOM from April through June in order to protect spawning
BFT, the analysis predicted an increase in the number of BFT bycatch
and discards elsewhere once displaced fishing effort was considered. In
the 2006 Consolidated HMS FMP, NMFS did not prefer any new time/area
closures (except the Madison-Swanson and Steamboat Lumps Marine
Reserves for other purposes), and did not modify any existing closures
at that time because no single closure or combination of closures would
reduce the bycatch of all species considered, assuming there is some
redistribution of effort. NMFS believes the closure analysis conducted
in 2006 remains the best available science and reflects the substantial
impacts that would likely occur under the time/area closures analyzed
because the underlying principle of fishing effort redistribution that
was used in the analysis is still likely to occur. Additionally, NMFS
is not aware of other peer reviewed and published time/area closure
analyses that consider fishing effort redistribution for the GOM PLL
fishery since the NMFS 2006 closure analyses. Therefore, NMFS does not
prefer alternative 3 for the same reasons as described above and in the
2006 Consolidated HMS FMP.
The 2006 Consolidated HMS FMP established criteria for considering
the implementation of new time/area closures or modification to
existing time/area closures. It is not feasible to conduct extensive,
new analysis per these criteria and to meet the objectives of this
action (i.e., to rapidly implement the final action to increase the
survival of spawning BFT in 2011 in the GOM, particularly the 2003 year
class). NMFS believes that the 2006 analysis remains valid for the
purposes of this rulemaking. However, NMFS intends to review time/area
closure analyses, in light of the events of the past few years such as
hurricanes and the DWH/BP oil spill, in the near future. At that time,
NMFS will consider other methodologies that have been proposed to
consider effects of effort redistribution, such as Powers and Abeare
(2009) or others, for time/area analysis as appropriate.
General Comments
Comment 16: NMFS should promote more selective alternative gears to
PLL for YFT and swordfish fishing.
Response: This comment is not within the range of alternatives
considered in this rulemaking because the rulemaking concerns the
means, methods, times, and places that PLL gear is used in the GOM. The
rulemaking does not consider alternatives related to the use of other
fishing gears.
Comment 17: NMFS should implement bycatch caps for species of
concern in the GOM PLL fishery and 100 percent observer coverage to
support a bycatch cap program. When the bycatch caps are reached, the
GOM PLL fishery should be closed.
Response: This comment is not within the range of alternatives
considered in this rulemaking because the rulemaking concerns the
means, methods, times, and places that pelagic longline gear is used in
the GOM. NMFS currently monitors bycatch in the GOM PLL fishery through
the use of observers and vessel logbooks. Bycatch in the GOM PLL
fishery is minimized through regulations implemented under the
Magnuson-Stevens Act and the ESA that require the use of circle hooks,
require the use of protected species safe handling and release gears,
prohibit the use of live bait, prohibit the possession
[[Page 18658]]
and use of PLL gear in existing closed areas, and other requirements.
Comment 18: The effects of the DWH/BP oil spill have not been fully
determined and NMFS should err on the side of caution when implementing
fishery management measures for fish stocks that may have been affected
by the oil spill.
Response: NOAA continues to conduct research on the impacts of the
DWH/BP oil spill on natural resources. The impacts of the oil spill and
effects on Atlantic HMS are difficult to determine at this time.
With implementation of this final action, NMFS is precautionary in
its approach because it is acting consistently with SCRS advice to
protect the 2003 BFT year class as it matures and begins to contribute
to spawning. In addition, implementation of weak hooks in the GOM PLL
fishery is expected to reduce the catch of BFT in that fishery by 56.5
percent, which will reduce mortality of spawning BFT (both the 2003 and
other year classes) on their spawning grounds. This will promote the
increase of spawning biomass, the likelihood of successful spawning,
and further rebuilding of the western BFT stock.
Comment 19: Allowing the PLL fleet to continue to fish will cause
BFT to become extinct.
Response: On May 24, 2010, NMFS received a petition from the Center
for Biological Diversity (CBD) to list BFT as threatened or endangered
under the ESA and designate critical habitat concurrently with its
listing. On September 21, 2010, NMFS announced a 90-day finding (75 FR
57431) that the petition presents substantial scientific information
indicating the petitioned action may be warranted. NMFS is currently
conducting a status review of BFT to determine if the petitioned action
is warranted. The status review process includes assessment of the risk
of extinction, considering effects of directed and incidental fisheries
as well as other impacts. Per the ESA required timeline, NMFS is
scheduled to publish that determination by May 24, 2011 (i.e., within
12 months of receiving the petition). If NMFS determines that listing
is not warranted, NMFS would publish a Federal Register notice
announcing the end of the consideration process. If NMFS determines
that listing is warranted, NMFS will publish a proposed rule and
solicit public comments before developing and publishing a final
determination (which would be required within one year of a proposed
rule).
Changes From the Proposed Rule
A minor change to the definition of round wire stock at 50 CFR
635.2 has been made to provide further clarification. A minor change to
the paragraph at Sec. 635.71(a)(54) that deals with prohibitions has
been made to clarify the cross referenced paragraph.
Classification
The NMFS AA has determined that this final action is consistent
with the Magnuson-Stevens Act, 2006 Consolidated Atlantic HMS FMP and
its amendments, ATCA, and other applicable law.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
In compliance with section 604 of the Regulatory Flexibility Act
(RFA), NMFS has prepared a Final Regulatory Flexibility Analysis (FRFA)
for this final rule, which analyzed the impacts of requiring the use of
weak hooks in the GOM PLL fishery. The FRFA analyzes the anticipated
economic impacts of the final action and any significant economic
impacts on small entities. A summary of the FRFA is below. The full
FRFA and analysis of social and economic impacts are available from
NMFS (see ADDRESSES).
In compliance with section 604(a)(1) of the Regulatory Flexibility
Act, the purpose of this final rulemaking is, consistent with the
Magnuson-Stevens Act and the 2006 Consolidated HMS FMP and its
amendments, to further BFT stock recovery by increasing live releases
of incidentally caught BFT by providing a new gear technology for PLL
vessels to continue routine fishing operations in the GOM.
Section 604(a)(2) of the Regulatory Flexibility Act requires NMFS
to summarize significant issues raised by the public in response to the
Initial Regulatory Flexibility Analysis (IRFA), a summary of NMFS'
assessment of such issues, and a statement of any changes made as a
result of the comments. The IRFA was included as part of the draft EA
and was summarized in the proposed rule. NMFS did not receive any
comments specific to the IRFA; however, NMFS did receive comments
related to the overall economic impacts of the proposed rule. Those
comments and NMFS' responses to them are mentioned above in the
preamble for this rule. Particularly relevant economic comments are 1,
3, 4, 5, 7, 9, and 15.
When developing this action, NMFS considered different ways to
reduce the regulatory burden on and provide flexibility to the
regulated community, consistent with the recent Presidential Memorandum
on Regulatory Flexibility, Small Business, and Job Creation (January
18, 2011). Consistent with the objectives of this rule and legal
obligations, a voucher program to assist fishermen in the GOM with the
purchase of an initial supply of weak hooks is being sponsored by the
National Fish and Wildlife Foundation (please see ``Weak Hook Voucher
Program'' below for more details). NMFS has also considered seasonal
implementation of weak hooks in the GOM PLL fishery; however, this
approach is not preferred because BFT are also present in the GOM
outside of the spawning season in lower numbers and seasonal
application of the weak hook requirement would increase the difficulty
of enforcing the weak hook requirement. NMFS also considered a phased-
in approach to implementation of the weak hook requirement; however,
this approach is not preferred because it would not rapidly provide
additional protection for spawning BFT (especially the strong 2003 year
class) as early as possible in the spring 2011 spawning season.
Section 604(a)(3) requires Federal agencies to provide an estimate
of the number of small entities to which the rule would apply. NMFS
considers all HMS permit holders to be small entities because they
either had average annual receipts less than $4.0 million for fish-
harvesting, average annual receipts less than $6.5 million for charter/
party boats, 100 or fewer employees for wholesale dealers, or 500 or
fewer employees for seafood processors. These are the Small Business
Administration (SBA) size standards for defining a small versus large
business entity in this industry.
The GOM PLL fishery is comprised of fishermen who hold an Atlantic
Tunas Longline permit, a Swordfish Directed or Incidental permit, and a
Shark Directed or Incidental permit and the related industries
including processors, bait houses, and equipment suppliers, all of
which NMFS considers to be small entities according to the size
standards set by the SBA. The final rule would apply to PLL vessels
that fish in the GOM. As of October 2010, there were 248 Atlantic tuna
longline limited access permit holders. Of these, 136 were registered
in states along the coast of the GOM (including all Florida vessels).
However, based on logbook records from 2006 to 2009, on average, only
51 PLL vessels were actively operating in the GOM annually, with a high
of 55 vessels in 2007 and a low of 47 in 2006 and 2009. During the
summer of 2010, preliminary vessel monitoring system information
[[Page 18659]]
indicated that the number of active PLL vessels in the GOM decreased by
more than 79 percent due to the Deepwater Horizon (DWH)/BP oil spill
and associated fishery closures.
This final rule does not contain any new reporting or recordkeeping
requirements, but would require a new compliance requirement (5 U.S.C.
604(a)(4)). Fishing vessels with PLL gear onboard will be required, at
all times, in all areas of the GOM open to HMS PLL fishing, to possess
onboard and/or use only circle hooks meeting current size and offset
restrictions, as well as being constructed of only round wire stock
that is no larger than 3.65 mm in diameter. This final rule would not
conflict, duplicate, or overlap with other relevant Federal rules (5
U.S.C. 604(b)(5)). Fishermen, dealers, and managers in these fisheries
must comply with a number of international agreements, domestic laws,
and other FMPs. These include, but are not limited to, the Magnuson-
Stevens Act, the ATCA, the High Seas Fishing Compliance Act, the Marine
Mammal Protection Act, the Endangered Species Act, the National
Environmental Policy Act, the Paperwork Reduction Act, and the Coastal
Zone Management Act. NMFS does not believe that the new regulations
would duplicate, overlap, or conflict with any relevant regulations,
Federal or otherwise.
Under section 604(a)(5), agencies are required to describe any
alternatives to the rule which accomplish the stated objectives and
which minimize any significant economic impacts. Economic impacts are
discussed below and in the Environmental Assessment for the action.
Additionally, the Regulatory Flexibility Act (5 U.S.C. 603(c)(1)-(4))
lists four general categories of significant alternatives that would
assist an agency in the development of significant alternatives. These
categories of alternatives are: (1) Establishment of differing
compliance or reporting requirements or timetables that take into
account the resources available to small entities; (2) clarification,
consolidation, or simplification of compliance and reporting
requirements under the rule for such small entities; (3) use of
performance rather than design standards; and, (4) exemptions from
coverage of the rule for small entities.
In order to meet the objectives of this rule, consistent with legal
obligations, NMFS cannot exempt small entities or change the reporting
requirements only for small entities. Thus, there are no alternatives
discussed that fall under the first and fourth categories described
above. In addition, none of the alternatives considered would result in
additional reporting requirements (category two above). Fishing vessels
with PLL gear onboard will be required, at all times, in all areas of
the GOM open to HMS PLL fishing, to possess onboard and use only circle
hooks meeting current size and offset restrictions as well as being
constructed of only round wire stock that is no larger than 3.65 mm in
diameter. NMFS does not know of any performance or design standards
that would satisfy the aforementioned objectives of this rulemaking
while, concurrently, complying with the Magnuson-Stevens Act.
NMFS considered and analyzed three main alternatives for this rule.
The first alternative was the status quo, no action alternative. This
alternative would maintain existing hook and bait requirements in the
Atlantic PLL fishery in the GOM. The second alternative would require
all PLL vessels fishing in the GOM to use weak hooks and is the
preferred alternative. The third alternative considered establishing
additional time/area closures in the GOM. Under this alternative, an
area of the GOM would be closed to PLL fishing and could extend over
the entire GOM or a subarea. Temporal extents of a closure could be
timed to the spawning season for BFT in the GOM, April to mid-June, or
for shorter or longer time frames (i.e., year round). Areal extents of
a closure could be restricted to portions of the GOM where particularly
high concentrations of spawning BFT have been observed while minimizing
inclusion of areas with high directed YFT fishing operations. Adaptive
management programs might also be considered with the temporal/spatial
extent of the time/area changes based on real-time information on
distribution and abundance of target and non-target species as well as
the socio-economic needs of the fishery. In addition to these three
alternatives, NMFS also considered other options such as prohibition on
all retention of BFT in the GOM (i.e., no incidental retention of BFT
allowed) and adjustment of target catch retention limits (i.e., modify
current limits of one BFT per 2,000 lbs of target catch, two BFT per
6,000 lbs and three BFT per 30,000 lbs). As these alternatives either
do not reduce mortality of BFT but rather convert discards to landings
(or vice versa), or may have substantial negative social and economic
impacts and cannot be implemented in short time frames, these
alternatives were determined to not meet the objectives of the action
and were not considered further.
Alternative 1, the status quo, no action alternative would not
result in any additional economic impacts to small entities in the
short-term. NMFS does not anticipate a significant change in landings,
ex-vessel prices, or operating costs relative to the ``status quo'' for
small entities under this alternative. However, adverse economic
impacts in the medium and long-term could result if no action is taken
to address the incidental catch of BFT in the GOM PLL fishery. Adverse
economic impacts could occur if the Longline Category subquota for BFT
is exceeded and a partial or total closure of the fishery is
implemented or other management measures are taken in directed BFT
fisheries to allow for dead discards of BFT to be accounted for within
the U.S. quota.
The preferred alternative, Alternative 2, would require vessels
with PLL gear onboard, at all times, in all areas of the GOM open to
PLL fishing, to possess onboard and use only circle hooks meeting
current size and offset restrictions as well as being constructed of
only round wire stock that is no larger than 3.65 mm in diameter. This
alternative would result in some minor increases in equipment costs for
the new hooks, would likely impact vessel operations, and would also
potentially impact catch rates and thus potentially reduce vessel
revenues.
Alternative 2 would result in moderate positive social and economic
benefits if this measure is able to reduce the bycatch of BFT in the
GOM sufficiently to allow the PLL fishery to continue operating in the
GOM. However, there would likely be some increased economic costs
associated with switching to the weak hook.
This alternative would result in some minor increases in equipment
costs associated with acquiring the new weak hooks. Direct cost of
purchasing weak hooks is anticipated to increase expenses by $.02 per
hook. An informal telephone survey of hook suppliers provides a price
of approximately $0.34 per hook for 16/0 commercial grade circle hooks
and approximately $0.36 per hook for 16/0 circle hooks constructed of
3.65 mm diameter round wire stock. Assuming that an average of 1,600
hooks per vessel are needed initially to equip vessels with enough
required hooks for one trip, the compliance cost, on a per vessel
basis, would be approximately $576.
Hook replacement rates are anticipated to increase with use of the
weak hook. Researchers during the GOM PLL BFT mitigation research
estimated that requiring the weak hook would result in an increase in
the rate of hook replacement by 4.41 hooks per 1,000 hooks over the
current
[[Page 18660]]
replacement rate due to straightening and deformation of the hooks. The
researchers anticipated that this rate was an underestimate; however,
they estimated the cost of additional hook replacement with the weak
hook to be less than $3.00 per 1,000 hooks set. The standard 16/0
circle hooks currently in use will continue to be used in the U.S.
Atlantic and inventories of unused standard 16/0 hooks could be sold to
vessels fishing in the Atlantic outside of the GOM.
Alternative 2 would also potentially impact vessel catch rates, and
thus potentially reduce vessel revenues. Based on the GOM PLL BFT
mitigation research results, catch rates for several commercially
important species were found to be lower using the new weak hooks
versus the standard 16/0 circle hooks. The researchers found a
statistically significant (at the 5 percent level) reduction in the
total catch of BFT and wahoo when weak hooks were used compared to
conventional circle hooks. The total catch of BFT was reduced 56.5
percent when weak hooks were used in the experiment. This reduction
includes both discards and BFT retained for sale. Based on observer
reports of the number of BFT discarded versus retained in the GOM, the
researchers estimate that the experimental results indicate that the
use of weak hooks would result in approximately a 14 percent reduction
in BFT retained for sale given the BFT incidental retention limits. The
total catch of wahoo using the weak hook was reduced by 26.6 percent.
The research also observed reduction in the number of YFT and
swordfish retained for sale. While these results were not statistically
significant at the 5 percent level, the reductions in YFT and swordfish
retained did have p-values <= 0.15. Weak hooks in the experiment
resulted in a 7 percent reduction in YFT retained for sale and 41.2
percent reduction in swordfish retained for sale. No other commercially
targeted species observed during the research exhibited catch rate
differences between weak hooks and conventional circle hooks with p-
values of <= 0.15. Therefore, given that YFT is often the target catch
for PLL trip in the GOM and the heterogeneous nature of fishing vessel
operations, this analysis conservatively includes the observed
reductions in YFT and swordfish. In addition, NMFS also ran the
analysis with just BFT and wahoo which exhibited statistically
significant differences in catch at the 5 percent level to help
illustrate the range of possible outcomes.
Using vessel logbook catch data, NMFS translated the reductions in
catch observed in the research experiment into potential fishery
revenue impacts that may result from requiring the use of weak hooks in
the GOM. The calculations are detailed in the EA for this final rule
which is available on request. Based on the research results, the
estimated per trip reduction in revenues that would potentially result
from requiring the use of weak hooks in the GOM is approximately
$2,265.
Based on HMS logbook reports from 2006 to 2009, the average number
of PLL trips taken per vessel per year in the GOM is 9.7. Multiplying
9.7 trips per vessel by the estimated $2,265 per trip reduction in
catch revenues (when including reductions for BFT, YFT, wahoo, and
swordfish) results in an estimated reduction of $21,974 in commercial
fishing revenues per vessel per year in the GOM resulting from
switching to weak hooks. Alternatively, if the analysis only considers
the statistically significant reductions in catch at the 5 percent
level (only including reductions for BFT and wahoo which equals $139
less per trip), as used in the research study, the estimated reduction
in annual catch revenues per vessel in the GOM for Alternative 2 would
be $1,351 (9.7 trips x $139). This lower estimate may also represent
the potential improvements in catch rates that may occur over time as
fishermen adapt to the new weak hook technology. NMFS' analysis of weak
hook research data after the publication of the proposed rule found a
seasonal difference in the catch of YFT. Because the experiment focused
on collecting data during the BFT spawning season, the majority of data
was collected during March-June. If more data had been collected after
the BFT spawning period, it is likely that the YFT reduction rate would
have been less than what was observed, thus the potential economic
impact due to decreases in YFT catch may be less than described above.
NMFS does not foresee that the national net benefits and costs would
change significantly in the long term as a result of implementation of
the final action. In response to comment, NMFS also considered a
modified version of alternative 2 that would apply the weak hook
requirement seasonally. However, NMFS did not prefer this approach
because BFT are also present in the GOM outside of the spawning season
in lower numbers and seasonal application of the weak hook requirement
would increase the difficulty of enforcing the weak hook requirement.
Under Alternative 3, which considers additional time/area closures
in the GOM, some fishermen could be expected to shift effort to fishing
areas outside the GOM and there could be changes in the distribution of
the fleet with some fishermen possibly exiting the fishery. Predicting
fishermen's behavior is difficult, especially as some factors that may
determine whether to stay in the fishery, relocate, or leave the
fishery are beyond NMFS' control (fuel prices, infrastructure,
hurricanes, etc.). While some fishermen will continue to fish in the
remaining open areas of the Atlantic, Caribbean, and GOM, others may be
forced to leave the fishery entirely, such as selling their permits and
going out of business, as a result of the closure. Changes in fishing
patterns may result in fishermen having to travel greater distances to
reach more favorable grounds, which would likely result in increased
fuel, bait, ice, and crew costs. While there may be a potential
increase in travel, this is unlikely to raise significant safety
concerns because the fleet is highly mobile. The potential shift in
fishing grounds, should it occur, could result in fishermen selecting
new ports for offloading. This would likely have negative social and
economic consequences for traditional ports of offloading, including
processors, dealers, and supply houses, and positive social and
economic consequences for any new selected ports of offloading. NMFS
conducted a detailed, comprehensive socio-economic analysis for the
time/area alternatives considered in the 2006 Consolidated HMS FMP and
found that the economic impacts of each of the closures considered may
be substantial, ranging in losses of up to several million dollars
annually, depending upon the closure and displacement of a significant
number of fishing vessels. Since the data analysis conducted in the
2006 Consolidated HMS FMP, several events have affected the GOM
including Hurricane Katrina, Hurricane Rita, and the DWH/BP oil spill
among other events. While social and economic impacts have likely
occurred due to these events, NMFS believes the closure analysis in
2006 still reflects the substantial social and economic impacts that
would be likely to occur under the time/area closures analyzed.
Additionally, Alternative 3 does not meet all of the objectives of this
final rule because it does not rapidly enhance BFT stock rebuilding by
increasing BFT spawning potential and subsequent recruitment into the
fishery (i.e., rapidly implement the action to increase the survival of
spawning BFT by spring 2011 in the GOM).
[[Page 18661]]
Small Entity Compliance Guide
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the actions a small entity is
required to take to comply with a rule or group of rules. Copies of the
compliance guide for this final rule is available (see ADDRESSES).
Weak Hook Voucher Program
The National Fish and Wildlife Foundation (an independent 501(c)(3)
non-profit that preserves and restores our nation's native wildlife
species and habitats) is conducting a Weak Hook Voucher Program through
which Atlantic Tuna Longline permit holders who use PLL gear in the GOM
may obtain an initial supply of weak hooks. The National Fish and
Wildlife Foundation will mail vouchers to Atlantic Tuna Longline permit
holders that used PLL gear in the GOM in 2009-2010. Atlantic Tuna
Longline permit holders that have not received the National Fish and
Wildlife Foundation voucher in the mail by April 12, 2011, and are
planning to fish with PLL gear in the GOM this year, may request a
voucher by contacting Mary Beth Charles with the National Fish and
Wildlife Foundation at 202-595-2445 or [email protected]. Weak
hook vouchers are for hooks that will be used in the Gulf of Mexico and
the National Fish and Wildlife Foundation will consider requests for
vouchers on a case-by-case basis.
List of Subjects in 50 CFR Part 635
Fisheries, Fishing, Fishing vessels, Foreign relations, Imports,
Penalties, Reporting and recordkeeping requirements, Treaties.
Dated: March 31, 2011.
Eric C. Schwaab,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 635 is amended
as follows:
PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES
0
1. The authority citation for part 635 continues to read as follows:
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
0
2. In Sec. 635.2, the definition of ``round wire stock'' is added in
alphabetical order to read as follows:
Sec. 635.2 Definitions.
* * * * *
Round wire stock means round metal wire, typically used in the
manufacturing of fishing hooks, that has not been forged, or otherwise
modified or treated in any way to increase the original factory tensile
strength set by the hook manufacturer.
* * * * *
0
3. In Sec. 635.21, paragraph (c)(5)(iii)(C)(2)(i) is revised to read
as follows:
Sec. 635.21 Gear operation and deployment restrictions.
* * * * *
(c) * * *
(5) * * *
(iii) * * *
(C) * * *
(2) * * *
(i) For purposes of paragraphs (c)(5)(iii)(C)(1) and
(c)(5)(iii)(C)(2) of this section, the outer diameter of an 18/0 circle
hook at its widest point must be no smaller than 2.16 inches (55 mm),
and the outer diameter of a 16/0 circle hook at its widest point must
be no smaller than 1.74 inches (44.3 mm), when measured with the eye of
the hook on the vertical axis (y-axis) and perpendicular to the
horizontal axis (x-axis). The distance between the hook point and the
shank (i.e., the gap) on an 18/0 circle hook must be no larger than
1.13 inches (28.8 mm), and the gap on a 16/0 circle hook must be no
larger than 1.01 inches (25.8 mm). The allowable offset is measured
from the barbed end of the hook, and is relative to the parallel plane
of the eyed-end, or shank, of the hook when laid on its side. The only
allowable offset circle hooks are those that are offset by the hook
manufacturer. In the Gulf of Mexico, as described at Sec. 600.105(c),
circle hooks also must be constructed of corrodible round wire stock
that is no larger than 3.65 mm in diameter.
* * * * *
0
4. In Sec. 635.71, add paragraph (a)(54) to read as follows:
Sec. 635.71 Prohibitions.
* * * * *
(a) * * *
(54) Possess, use, or deploy, in the Gulf of Mexico, any circle
hook, other than as described at Sec. 635.21(c). Vessels in the Gulf
of Mexico, with pelagic gear onboard, are prohibited from possessing,
using, or deploying circle hooks that are constructed of round wire
stock which is larger than 3.65 mm in diameter (See: Sec.
635.21(c)(5)(iii)(C)(2)(i)).
* * * * *
[FR Doc. 2011-8052 Filed 4-1-11; 8:45 am]
BILLING CODE 3510-22-P